The case of the complainant in brief is that the complainant is a businessman by profession and resides at New Market, Dibrugarh Town. On 22-2-05 the complainant purchased a ticket in North East Express Train No.5621 to be boarded at Guwahati on 26-2-05 for Siwan via  Katihar Junction bearing PNR No.634-5625833 and 614-5536561. Complainant accordingly on 26.02.05 boarded in Train No.5621 at Guwahati in Coach No.S/7, Berth No.54 and reached Katihar of Bihar at about 10:00PM on the same day.  As per journey schedule the complainant had to change the train at Katihar and to board in Amritsar Express. Accordingly, he boarded in Amritsar Express in Coach No. 57, Berth No-65. The complainant had kept his VIP suitcase beneath his berth with lock and key by a chain. The train arrived at Manasi Railway Station at about 3:00 AM on 27-2-05 and at that time 2-3 tea sellers entered the train compartment and they sat near his berth. When the train stopped at Khagaria Station the VIP suitcase of the complainant which was locked with a chain was found missing after cutting the chain. The passengers sitting opposite to him informed him that one of the tea sellers had taken the VIP suitcase. The complainant immediately reported the matter to the Station Superintendent, Khagaria Railway Station. Whereas, Station Superintendent expressed his helplessness and told that he cannot do anything. Meanwhile, the train started to move. The complainant also reported the matter to the Security Scout at Begusarai who  entered the compartment and enquired about the matter. The matter was also reported to Ticket Collector Office at Begusarai Junction but did nothing in this matter. The complainant also reported the matter to the In-charge, GRP, Siwan P.S. but the same was not entertained. Later on  1-3-05 upon his repeated request a FIR was received by Siwan GRP Station.  The complainant kept one golden chain valued Rs.6000/-, cash amount of Rs.25,000/-. Clothes and returned ticket from Kanpur Central to Dibrugarh Town in  Train No.4056 to be boarded on 1-3-05. The complainant informed the above  incident over telephone to his son who was residing at Dibrugrh at the relevant time. His son wrote a letter to the In-charge, Reservation Counter for locking up of stolen ticket due on 28-2-05. It is to be mentioned here that on the night of occurrence there was no T.T.E. on duty on the said compartment. Due to negligence of the police, security Scout and T.T.E. the VIP suitcase of the complainant was stolen. During night all the  T.T.E. deputed on duty without performing their duty were taking rest and also were sleeping at AC compartment. Due to negligence and carelessness of the staff and scout the suitcase of the complainant was stolen  and could not recover. The OP is fully responsible for the loss of his luggage. The complainant after coming to Dibrugarh sent a registered notice dated 10-3-05 to the OP claiming compensation of Rs.25,000/- of cash and Rs.6000/- for golden chain, Rs.50,000/- for suffering mental agony and physical harassment for deficiency in service on the part of OPs whereas, the OP did not reply. As such, the complainant was compelled to seek redress from the District Forum claiming Rs.25,000/- being stolen amount, Rs.6000/- being the value of golden chain and Rs.50,000/- as compensation for mental agony and physical harassment with interest @ 10% per annum from the date of occurrence till recovery and cost of Rs.3000/-.

          On the basis of above complaint petition this case was registered and issued notice to the OPs No.1,2,3,4 and 5 who appeared before the Forum and submitted  their written statement. The OPs in their written statement stated inter-alia that the Forum has no territorial jurisdiction to entertain this complaint as no cause of action only or any part did arise within the jurisdiction of this Forum as required U/s 11 of the Consumer Protection Act.   The complaint had to be filed at Khagaria or at any other Forum where he had the knowledge about theft of the suitcase. The filing of the suit is patently defective as per provision of section 11 (2) of Consumer Protection Act. In this case the complainant came to know that tea sellers who sat nearby berth of the complainant had taken the briefcase of the complainant. Hence, the complainant does not come within the purview of Consumer Protection Act, 1986. The present case is covered by the Railway Claims Tribunal Act, 1987 and complainant lodged before  the Consumer Forum is barred and not maintainable under the provision of section 13 and 15 of the Railway Claims Tribunal Act, 1987. There is no deficiency in service and negligence on the part of OP. Therefore, in absence of merit in this case the complaint petition is liable to be dismissed.

            In this case the complainant examined himself as PW-1 but no documents has been exhibited in support of his case. On the other hand, OP examined one Phool Chandra Madhukar, DCM, Tinsukia and also submitted no documents to rebut the case of the complainant.

           Upon going through the evidence of both the parties and argument advanced it is found that the complainant on 26-02-2005 boarded in North East Express Train No.5621 from Guwahati in coach No.S/7 Berth No.54 and reached Katihar at about 10 P.M. on same day. As per  schedule the complainant boarded in Amritsar Express at Katihar and occupied his berth No.65 in coach No.S/7  and kept his VIP suitcase beneath his berth under lock and key by a chain. The train arrived at Manasi Railway Station at about 3:00 AM i.e. on 27-02-2005. At that time 2/3 tea hawkers  entered into the compartment and they sat near the berth of the complainant but when the train stopped at Khagaria he found that his VIP suit case which was under lock and key by a chain was missing after cutting the chain. The passengers sitting on the opposite side informed the complainant that one of those tea hawker  had taken the VIP suitcase. The complainant immediately reported the matter to the Station Superintendent, Khagaria Railway Station, but surprisingly it is to be mentioned that Station Superintendent expressed his helplessness. Meanwhile, the guard behind the  train flag to move the train. The complainant finding no other alternative boarded the train and reported the matter to security scout at Begusarai who entered the compartment and enquired about the matter. He also reported the matter to the Ticket Collector Office at Barauni Junction but nothing was done in this matter. The complainant reported the matter on 01.03.05 to the In-Charge, G.R.P. Siwan P.S. which was duly received at Siwan G.R.P.

            It is to be mentioned here that as per evidence of PW-1 there were Rs.25,000/- in cash, one golden chain worth Rs.6000/-, clothes and return ticket of the complainant from Kanpur Central to Dibrugarh Train No.4056 for 01-03-2005. The complainant also informed the matter to his son who at the relevant time was at Dibrugarh over phone. His son wrote a letter to the In-charge , Reservation Counter, N.F. Railway, Dibrugarh for locking the stolen ticket.

          Learned counsel for the OP submitted that this Forum has no jurisdiction to try this case as the occurrence took place at Khagoria and Manasi. Further, it is submitted that as per provision of section 13 and 15 of Railway Tribunals Act, 1987 the jurisdiction of Consumer Forum is ousted. The instant case is covered by Railway Claims Tribunal Act, 1987. OPs are not responsible for the loss of luggage kept with the complainant himself. The Railway Department is responsible only for loss of luggage booked U/s.100 of Railway Act. The Railway department is not responsible for loss of luggage carried by the passengers. Further, there is no evidence to prove where personal luggage and other valuables were with the complainant while travelling in the train. Besides complainant has failed to support his case by producing any exhibited documents. The complainant adduced evidence by swearing affidavit but he failed to support his case by producing any of the documents that the OP committed any deficiency in service. Whether the complainant has made any journey as stated has not been proved. Though he made any journey the complainant failed to prove that he took much care of his luggages. As such, there is no deficiency of service on the part of OP.

            Considering the submission made by learned counsel for the OP it is found that there is no dispute that the complainant has failed to submit any of the documents to support his case. The complainant adduced evidence by swearing affidavit but he has not produced any of the documents in support of his case. Consumer case is based only on the support of the documents. The complainant neither exhibited any tickets of travelling by train nor any other documents which were furnished as photocopy at the time of filing the claim petition. In the instant case complainant failed to establish the negligence of the OP. The complainant also failed to prove that the OP did not perform their duty properly and also did not take preventive measures and precaution for causing loss of the luggage of the complainant. The complainant also failed to find out  the fault of Railway department to establish the liability. As such, we have no hesitation to hold that the OPs are  not responsible to gross negligence and deficiency in service.

In view of the above the case of the complainant is dismissed.